land purchase receipt

Q263. Is a Purchase Receipt in land transaction admissible in evidence to prove title to land?

Purchase receipts in land transactions are only admissible as evidence of acknowledgement of payment of money in respect of the land in question it cannot be admissible in evidence to prove title to land. Okoroafor V. Udensi (2014) 15 NWLR (Pt. 1431) 487 CA; Warrigbeleha V. Owerre (2012) 3 NWLR (Pt. 1288) 513.

Q264. Does this mean that a purchase receipt need not be registered?

A purchase receipt is not a document of title and does not purport to transfer possession or convey title. Although it is subject to stamp duty, it is not a registrable instrument. Olowu V. B.S. Ltd. (2010) 2 NWLR (Pt. 1178) 310 CA.

Q265. Where a party enters into possession of a property on the basis of a purchase receipt, does the party acquire legal interest to such property?

No. Where a party with a purchase receipt enters into possession of land in question, the party acquires only an equitable interest in the property and not a legal estate. However, his equitable interest in the property is capable of being converted to a legal estate by specific performance. Thomson V. Arowolo (2003) 24 WRN 1 SC.